SpectroArt iOS App Terms of Use & EULA

Effective Date: 10/21/24

Welcome to SpectroArt! These Terms of Use govern your access to and use of the SpectroArt app, website, and related services. By accessing or using SpectroArt, you agree to be bound by these terms, so please read them carefully.

1. Acceptance of Terms

By downloading, installing, or using the SpectroArt app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you should discontinue use of the app and its services.

2. Eligibility

You must be at least 13 years old to use SpectroArt. By using the app, you represent and warrant that you are at least 13 years old and that all information you provide is accurate, complete, and current.

3. Account Registration

To use certain features of the app, you may need to create an account. You agree to provide true, accurate, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.

4. Use of the App

You agree to use the app for lawful purposes only and in accordance with these Terms of Use. You agree not to:

- Engage in any activity that violates any applicable laws or regulations.

- Post, upload, or share any content that is defamatory, obscene, offensive, or infringing on others' intellectual property rights.

- Attempt to interfere with the app’s proper functioning, including using viruses, malware, or other harmful technologies.

- Use automated systems (such as bots) to access or interact with the app.

5. Intellectual Property

All content and materials provided through the SpectroArt app, including but not limited to text, images, audio, video, code, and 3D models, are the intellectual property of SpectroArt and its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the app for personal, non-commercial purposes.

You agree not to reproduce, distribute, modify, or create derivative works of any content within the app without express written permission from SpectroArt.

6. User-Generated Content

Certain features of SpectroArt, such as the Spectroscape feature, may allow you to create and share content, including visual representations of music. By uploading or creating content, you:

- Grant SpectroArt a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, and display your content for purposes related to the operation and promotion of the app.

- Represent and warrant that you have all necessary rights to the content and that it does not infringe the intellectual property rights of any third party.

SpectroArt reserves the right to remove any content that violates these Terms of Use or is otherwise objectionable.

7. Prohibited Uses

You agree not to use the app for any unlawful or harmful purposes, including but not limited to:

- Harassment, abuse, or harm of other users.

- Distributing or transmitting spam, chain letters, or unsolicited communications.

- Attempting to gain unauthorized access to the app, user accounts, or SpectroArt systems.

- Engaging in data mining, scraping, or harvesting of information from the app.

8. Fees and Purchases

SpectroArt may offer products or services for purchase through the app. By making a purchase, you agree to provide accurate payment information and to pay all fees and applicable taxes. Prices and payment terms are subject to change at any time. SpectroArt reserves the right to cancel or refuse any order for any reason.

9. Termination

SpectroArt reserves the right to suspend or terminate your access to the app at any time, with or without notice, for conduct that it believes violates these Terms of Use, is harmful to other users, or is unlawful. You may also terminate your account at any time by contacting us or by discontinuing use of the app. Upon termination, your right to use the app will immediately cease, and you must destroy any downloaded or obtained content from the app.

10. Third-Party Services and Links

The app may contain links to third-party websites or services that are not owned or controlled by SpectroArt. We do not endorse, and we are not responsible for, the content, privacy policies, or practices of third-party websites or services. Your interactions with these third-party websites are governed by their own terms and privacy policies.

11. Disclaimers and Limitation of Liability

Disclaimer of Warranties:  

The SpectroArt app and all related services are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied. SpectroArt does not guarantee that the app will be error-free, secure, or uninterrupted, or that any defects will be corrected. To the fullest extent permitted by law, SpectroArt disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability:  

To the maximum extent permitted by law, SpectroArt and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising from your use of or inability to use the app or any related services. In no event will SpectroArt’s total liability exceed the amount you have paid to SpectroArt in the past 12 months, if any.

12. Indemnification

You agree to defend, indemnify, and hold harmless SpectroArt and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected to your use of the app, your violation of these Terms of Use, or your violation of any rights of a third party.

13. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of California, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or related to these terms will be brought exclusively in the courts located in Orange, California, and you consent to the personal jurisdiction of such courts.

14. Changes to the Terms of Use

SpectroArt reserves the right to modify these Terms of Use at any time. If we make material changes, we will notify you by posting the updated terms in the app or by other means. Your continued use of the app after any changes to the Terms of Use indicates your acceptance of the revised terms.

15. Contact Information

If you have any questions or concerns about these Terms of Use, please contact us at:

SpectroArt  

info@spectroart.com 

1401 21st St, Suite R

Sacramento CA, 95811

Acknowledgment and Consent

By using the SpectroArt app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, you must discontinue using the app immediately.

SpectroArt End User License Agreement (EULA)

Effective Date: 10/21/24

This End User License Agreement ("EULA") is a legal agreement between you (“End User,” “you,” or “your”) and SpectroArt (“Company,” “we,” “us,” or “our”) governing your use of the SpectroArt app (“Software”). By installing, accessing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree to these terms, you must not use the Software.

1. License Grant

Subject to your compliance with the terms of this EULA, SpectroArt grants you a limited, non-exclusive, non-transferable, and revocable license to install and use the Software on your device(s) for personal, non-commercial use. You may not use the Software for any purpose that is prohibited by this EULA or by applicable law.

2. Restrictions on Use

You agree that you will not:

- Reproduce, distribute, or publicly display the Software.

- Modify, adapt, translate, reverse-engineer, decompile, or disassemble the Software, except to the extent such actions are expressly permitted by law.

- Rent, lease, sublicense, sell, or transfer the Software to any third party.

- Bypass or disable any security features or restrictions associated with the Software.

- Use the Software for any illegal activity or in violation of any applicable law.

3. Ownership of Intellectual Property

The Software, including any content, features, and updates provided by SpectroArt, is owned and operated by SpectroArt and protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted under this EULA are reserved by SpectroArt. You agree that you will not claim any ownership rights in the Software or its components.

4. Software Updates

SpectroArt may provide updates, patches, or upgrades to the Software that you must install to continue using certain functionalities. You acknowledge that failure to install updates may result in the Software's inability to function properly. SpectroArt reserves the right to modify, suspend, or discontinue any part of the Software at any time without prior notice.

5. Termination of License

This EULA is effective until terminated by you or SpectroArt. Your rights under this EULA will terminate automatically without notice from SpectroArt if you fail to comply with any of the terms. Upon termination, you must stop using the Software and destroy any copies of it in your possession. SpectroArt may also disable your access to the Software at its sole discretion.

6. User-Generated Content

You retain ownership of any content you create using the Software, such as Spectroscapes, but you grant SpectroArt a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, display, modify, and distribute such content as part of the operation and promotion of the Software. You represent that you have all rights necessary to grant this license and that your content does not violate any laws or third-party rights.

7. Third-Party Components

The Software may include third-party components or services that are licensed under separate terms. Use of these third-party services is governed by their respective licenses, and you agree to comply with those terms in addition to this EULA. SpectroArt is not responsible for the functionality, accuracy, or performance of any third-party components or services.

8. Disclaimer of Warranties

The Software is provided “as is” and “as available” without any warranties of any kind, either express or implied. SpectroArt disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. SpectroArt does not guarantee that the Software will be error-free, uninterrupted, or free of viruses or harmful components.

9. Limitation of Liability

To the fullest extent permitted by law, SpectroArt shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Software, even if SpectroArt has been advised of the possibility of such damages. In no event will SpectroArt’s total liability to you for all damages exceed the amount you have paid to SpectroArt in the last 12 months, if any, for access to the Software.

10. Indemnification

You agree to indemnify, defend, and hold harmless SpectroArt and its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of your use of the Software, your violation of this EULA, or your violation of any third-party rights.

11. Governing Law and Dispute Resolution

This EULA is governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions. Any disputes arising from this EULA will be resolved in the courts located in Orange, California, and you consent to the jurisdiction of such courts.

12. Changes to This EULA

SpectroArt reserves the right to modify this EULA at any time. If we make material changes, we will notify you by posting the updated EULA in the app or by other means. Your continued use of the Software after any changes to this EULA indicates your acceptance of the modified terms.

 

13. Consent to Use of Data

You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

 

14. Contact Information

If you have any questions or concerns about this EULA, please contact us at:

SpectroArt  

info@spectroart.com 

1401 21st St, Suite R

Sacramento CA, 95811

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By installing or using the SpectroArt app, you acknowledge that you have read and understood this EULA and agree to its terms. If you do not agree to these terms, you must not install, access, or use the Software.